21029: Tribal laws and the call to revive them

Some of them have published articles calling for the revival of tribal law, saying that this is a heritage which should not be lost and that they should be compiled and studied, that academic studies should be conducted on them comparing them to one another and to other laws. What is the ruling on that?

Praise
be to Allaah.

All Muslims must refer for judgement to the Word of Allaah
and the Sunnah of His Messenger Muhammad
(peace and blessings of Allaah be upon him) in all matters, and not
to tribal customs and traditions, or to man-made laws. Allaah says (interpretation
of the meaning):

“And in whatsoever you differ, the decision thereof
is with Allaah (He is the ruling Judge).”[al-Shoora 42:10]

“Have you not seen those (hypocrites) who claim that
they believe in that which has been sent down to you, and that which
was sent down before you, and they wish to go for judgement (in their
disputes) to the Tâghût (false judges) while they have been ordered
to reject them. But Shaitân (Satan) wishes to lead them far astray”[al-Nisaa’
4:10]

“Do they then seek the judgement of (the days of)
Ignorance? And who is better in judgement than Allaah for a people who
have firm Faith”

[al-Maa’idah 5:50]

“O you who believe! Obey Allaah and obey the Messenger
(Muhammad), and those of you (Muslims) who are in authority. (And) if
you differ in anything amongst yourselves, refer it to Allaah and His
Messenger, if you believe in Allaah and in the Last Day. That is better
and more suitable for final determination”[al-Nisaa’ 4:59]

Every Muslim must submit to the ruling of Allaah and
His Messenger, and not give precedence to the ruling of anyone other
than Allaah and His Messenger – no matter who they may be – over their
ruling. Just as worship must be for Allaah alone, so too the hukm
(judgement, command) belongs to Him alone, as Allaah says (interpretation
of the meaning):

“The command (or the judgement) is for none but Allaah”

[Yoosuf 12:40]

Referring for judgement to anything other than the Book
of Allaah or to anything other than the Sunnah of His Messenger
(peace and blessings of Allaah be upon him), is one of the gravest of
evil actions and one of the worst of sins; indeed, a person may become
a kaafir by referring for judgement to anything other than the Book
of Allaah and the Sunnah of His Messenger
(peace and blessings of Allaah be upon him), if he believes that this
is permissible or he believes that the ruling of anyone other than Allaah
and His Messenger is better. Allaah says (interpretation of the meaning):

“But no, by your Lord, they can have no Faith, until
they make you (O Muhammad) judge in all disputes between them, and find
in themselves no resistance against your decisions, and accept (them)
with full submission”

[al-Nisa’ 4:65]

He is not a believer who does not refer for judgement
to Allaah and His Messenger both in basic matters of religion and in
minor issues, and with regard to rights and duties. Whoever refers for
judgement to anyone other than Allaah and His Messenger as referred
for judgement to Taaghoot (false judges).

Hence we conclude that it is not permissible to revive
tribal laws, customs and systems to which they refer for judgement instead
of to the pure sharee’ah which has been prescribed by the Most Just
of the Judges and the Most Merciful of those who show mercy. Rather
we must bury it, kill it off and turn away from it, and be content to
refer for judgement to the laws of Allaah, in which there is good for
all people and protection for their religious and worldly affairs. The
tribal shaykhs should not judge between the people according to customs
which have no basis in Islam and for which Allaah has sent down no authority.
Rather they should refer matters concerning which their tribes dispute
to the sharee’ah courts. This will by no means prevent reconciliation
between disputing parties by removing hatred and uniting people and
pleasing both parties without forcing anyone, in a manner that does
not go against the sharee’ah, because Allaah says (interpretation of
the meaning):

“and making peace is better”[al-Nisa’ 4:128]

“There is no good in most of their secret talks save
(in) him who orders Sadaqah (charity in Allaah’s Cause), or Ma‘roof
(Islamic Monotheism and all the good
and righteous deeds which Allaah has ordained), or conciliation between
mankind”[al-Nisa’ 4:114]

“So fear Allaah and adjust all matters of difference
among you”

[al-Anfaal 8:1]

And it was narrated that the Messenger of Allaah
(peace and blessings of Allaah be upon him) said: “Reconciliation among
Muslims is permissible, apart from a reconciliation which forbids something
that is permitted or permits something that is forbidden.”

What is obligatory is to adhere to the Book of Allaah
and the Sunnah of His Messenger
(peace and blessings of Allaah be upon him), and to refer to them for
judgement, and to beware of anything that goes against them; and we
must repent sincerely from anything that has been done in the past which
went against the laws of Allaah.

May Allaah help us all to do that which He loves and
which pleases Him; may He grant us all refuge from the misguidance of
fitan (tribulation) and the misguidance of the Shaytaan, for He is All-Hearing,
Ever Near. May Allaah bless our Prophet Muhammad and his family and
companions, and grant them peace.